Bill collector sued for contacting debtor's employer

Michelle Massey, East Texas Bureau Sep. 14, 2010, 6:00pm

SHERMAN-A Lewisville resident has filed a lawsuit against a debt collector after the collector contacted her employer despite requests to refrain from doing so.

Claiming violations of the Fair Debt Collection Practices Act, Janice Rowe filed suit against Capital Collections on Sept. 10 in the Eastern District of Texas, Sherman Division.

Rowe states the debt collector is referencing a personal loan obtained from Payday Loan in 2009 for $700.

She claims the collector is using harassing and abusive tactics by continuously placing collection calls to her personal phone and to her place of work. Further, Rowe states that the collector faxed documentation to her employer that falsely states she was subject to a criminal warrant and that she committed check fraud.

The lawsuit alleges the defendant has violated the Fair Debt Collection Practices Act by repeatedly contacting Rowe's place of employment, engaging in conduct with the intent to harass, oppress or abuse Rowe, placing collection telephone calls without proper disclosure of the caller's identity, by failing to send a validation notice, for giving the false impression that Rowe has committed a crime and by threatening to take legal action when that is not intended to be taken.

The plaintiff is seeking statutory damages, actual damages, costs and attorney's fees.

Rowe is represented by Dave Lilley of Alex Simanovsky & Associates in Wichita Falls.

Jury trial is requested.

U.S. District Judge Michael H. Schneider is assigned to the case.

Case No. 4:10cv00459

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